Pot sellers will likely face health department and cannabis board oversight in July

Thursday

Mar 8, 2018 at 10:38 AMMar 8, 2018 at 10:52 AM

By Colin A. YoungSTATE HOUSE NEWS SERVICE

The Cannabis Control Commission does not expect to assume oversight of the state's medical marijuana program before legal recreational sales begin this summer, raising the possibility that two state agencies will have duplicative oversight when the first pot stores open.

Registered marijuana dispensaries (RMDs) already selling marijuana to medical patients are expected to be the first outlets to sell marijuana for adult use when sales begin this July because they are already growing the product and have been vetted by the state. Recreational sales will be overseen by the CCC, but the Department of Public Health is still in charge of all medical sales -- meaning that some of an RMDs business will be subject to the rules of DPH and some will be subject to the rules of the CCC.

"I think it will create some logistical challenges but I think we're up to it," CCC Chairman Steven Hoffman said Tuesday when asked if having two layers of oversight would be problematic as the legal marijuana industry launches. "We have a very good working relationship with DPH and to the extent that there are overlaps or issues of logistics, we'll work them out with DPH."

A DPH spokesperson did not directly answer when asked if having the CCC and DPH overseeing RMDs would be problematic, but the agency noted that the RMDs would be viewed as two separate entities governed by two separate sets of regulations and noted that other industries are regulated by multiple entities.

The medical marijuana program has been run by DPH since voters approved it in 2012, but lawmakers last summer rewrote the state's marijuana laws and required that the CCC assume control of the medical program by the end of 2018. The CCC will also oversee all non-medical marijuana sales in Massachusetts.

Hoffman said CCC Executive Director Shawn Collins and General Counsel Christine Baily are part of a working group that is preparing for the medical program's transition to the CCC. Hoffman said Tuesday he did not have a timeline for when that transition will take place, other than by the end of the year.

"We're just starting to discuss what is required, what are the resources required and therefore what is the appropriate timeline given everything else on our plate," the chairman said. He added, "I want to make sure I understand what's required and what resources are required so we can make sure we're hitting our other requirements."

The DPH spokesperson said DPH is "working with the Cannabis Control Commission to ensure a smooth transition" of the medical marijuana program but did not say who from DPH is working on the transition.

Hoffman said the CCC and DPH will jointly decide on the best time to transfer the program and won't try to rush the process just to avoid duplicating oversight efforts.

"It's not going to be 'try to do it before July 1 because it would be cleaner,'" Hoffman said.